34A-6-1.6. Promulgation of rules--Factors for consideration--Scope--Open burning.
The board shall promulgate rules pursuant to chapter 1-26 setting forth the requirements for the issuance, renewal, reissuance, revocation, or suspension of solid waste management system, solid waste facility, and resource recovery permits. In promulgating these rules the board shall consider and may establish requirements based on the protection of the public health, the quantity of solid waste to be handled, the environmental effects of solid waste facilities, the nature, origin, or characteristics of the solid waste, the potential for contamination of groundwater and surface water, requirements and standards for corrective actions, requirements for public roadway standards, and design for access to the facilities with approval by the secretary of the Department of Transportation, public sentiment, the financial capability of the applicant, the effects of a facility on vicinity property values, population density, climate, soils, geology, wetlands, and other health, environmental, economic, or aesthetic considerations.
The rules shall establish standards for the collection, possession, storage, transportation, processing, resource recovery, recycling, or disposal of solid waste including medical waste and infectious waste. The rules shall include the location, construction, operation, compliance deadlines, maintenance, closure, postclosure, groundwater monitoring, leachate control and treatment, methane monitoring and control, and financial assurance standards and requirements for solid waste facilities as necessary to implement the purpose and intent of §34A-6-1.2. Based upon these considerations, the board may declare by rule, or find in a specific case, that a specified geographical area of the state possesses special or unique characteristics subject to specific requirements, and the board may prohibit the installation or establishment of specific types or sizes of solid waste facilities in these specified geographical areas of the state based on these findings.
Open burning is allowable, unless prohibited by federal law, subject to chapter 34A-1, by municipalities of five thousand or less or by counties for persons living within the county but outside the boundaries of municipalities, if the municipality or county facility does not receive solid waste from more than fifty miles outside its boundaries.
Source: SL 1989, ch 306, §7; SL 1992, ch 254, §50S; SL 1992, ch 259, §11.
Structure South Dakota Codified Laws
Title 34A - Environmental Protection
Chapter 06 - Solid Waste Management
Section 34A-6-1.1 - Legislative findings.
Section 34A-6-1.2 - Solid waste management policy established.
Section 34A-6-1.3 - Definition of terms.
Section 34A-6-1.6 - Promulgation of rules--Factors for consideration--Scope--Open burning.
Section 34A-6-1.7 - Groundwater monitoring system required--Exception.
Section 34A-6-1.8 - Areas addressed in application--Exception.
Section 34A-6-1.9 - Perpetual responsibility for solid waste and liability for pollution.
Section 34A-6-1.10 - Responsibility and liability of owner or operator.
Section 34A-6-1.11 - Financial assurance instrument--Condition for permit.
Section 34A-6-1.12 - Maintenance of closure and post-closure accounts--Requirements.
Section 34A-6-1.15 - Amendment of permit--Procedure--Grounds.
Section 34A-6-1.16 - Initial validity period of permits--Renewal--Assessment of fees.
Section 34A-6-1.17 - Additional fee imposed upon disposal of certain solid waste.
Section 34A-6-1.18 - Sections not applicable.
Section 34A-6-1.20 - Periodic inspections--On-site investigations.
Section 34A-6-1.21 - Suspension or revocation of permit--Grounds--Notice and hearing.
Section 34A-6-1.22 - Notice of violation--Contents.
Section 34A-6-1.23 - Secretary may require appearance for public hearing--Alternative procedures.
Section 34A-6-1.24 - Decision by board--Scope and content of order.
Section 34A-6-1.25 - Effect of appeal upon order.
Section 34A-6-1.26 - Issuance of emergency order--Purpose--Noncompliance.
Section 34A-6-1.27 - Hearing upon emergency order--Time and place--Procedure.
Section 34A-6-1.28 - Suit by secretary on behalf of state.
Section 34A-6-1.33 - Exhaustion of administrative remedies not required.
Section 34A-6-1.40 - Removal of improperly disposed solid waste--Alternative means of disposal.
Section 34A-6-17 - Plans for county systems--Submission to state board.
Section 34A-6-18 - County grant of franchises--Approval by voters--Maximum period.
Section 34A-6-19 - Municipal procedure applied to counties--General election laws apply.
Section 34A-6-20 - County agreements with other political subdivisions and persons.
Section 34A-6-21 - County assumption of responsibility for wastes within municipalities.
Section 34A-6-22 - Sanitary districts and counties to have municipal rights and responsibilities.
Section 34A-6-24 - Municipal grant of franchises--Maximum period.
Section 34A-6-39 - Appropriations for long-term contracts.
Section 34A-6-40 - Policies and requirements for operation of system.
Section 34A-6-41 - Local standards for sites and facilities.
Section 34A-6-54 - Definition of large-scale solid waste facility.
Section 34A-6-55 - Existing facilities to cease until legislative approval is obtained.
Section 34A-6-56 - Approval requirements are retroactive.
Section 34A-6-59 - Legislative findings.
Section 34A-6-60 - Legislative intent to reduce amount of solid waste disposed in landfills.
Section 34A-6-61 - Definitions.
Section 34A-6-62 - Waste reduction and recycling program established.
Section 34A-6-63 - Elements of waste reduction and recycling program.
Section 34A-6-64 - Disposal of tires.
Section 34A-6-66 - Waste tire stockpiling and processing facilities—Promulgation of rules.
Section 34A-6-67 - Landfill waste reduction targets--Implementation dates.
Section 34A-6-68 - Code required for rigid plastic bottle or rigid plastic container.
Section 34A-6-69 - Inspection of facilities.
Section 34A-6-70 - Solid waste evaluation.
Section 34A-6-71 - Regionalization of recycling and solid waste operations.
Section 34A-6-73 - Responsible units of governments--Evaluation of capacity.
Section 34A-6-75 - Plan required for issuance of new or renewed permit.
Section 34A-6-81 - Solid waste management disposal fee--Calculation.
Section 34A-6-83 - Tire solid waste management fee on motor vehicles--Collection.
Section 34A-6-85.1 - Financial assistance for statewide cleanup of waste tires.
Section 34A-6-87 - Illegal dumping penalties.
Section 34A-6-91 - Wholesaler or retailer exchange of lead acid batteries.
Section 34A-6-93 - Infectious waste defined.
Section 34A-6-93.1 - Medical waste defined.
Section 34A-6-95 - First degree unlawful possession of infectious waste--Felony.
Section 34A-6-96 - Unlawful release of infectious waste in fourth degree.
Section 34A-6-97 - Unlawful release of infectious waste in third degree.
Section 34A-6-98 - Unlawful release of infectious waste in second degree.
Section 34A-6-99 - Unlawful release of infectious waste in first degree.
Section 34A-6-100 - Unlawful dealing in infectious waste.
Section 34A-6-101 - Court-imposed monetary penalties.
Section 34A-6-102 - Disposition of fines.
Section 34A-6-102.2 - Actual knowledge of hauler or transporter required.
Section 34A-6-104 - Promulgation of certain rules in state solid waste programs.
Section 34A-6-105 - Big Stone power plant approved.
Section 34A-6-106 - Sioux Falls/Regional Sanitary Landfill approved.
Section 34A-6-108 - Definition of terms.
Section 34A-6-109 - Scrap metal business--Recordkeeping requirements.
Section 34A-6-109.1 - Purchases to be made by check or electronic funds transfer.
Section 34A-6-109.2 - Purchase of catalytic converters--Limitations.
Section 34A-6-110 - Scrap metal business records open to inspection by law enforcement officers.
Section 34A-6-112 - Hold on nonferrous metal item suspected to be lost or stolen.
Section 34A-6-113 - Disposal of certain oil and gas field liquid wastes prohibited.
Section 34A-6-114 - Disposal of certain radionuclides at solid waste facility prohibited.